in Re John Gerald Mass, Relator ( 2010 )

i i i i i i
MEMORANDUM OPINION
No. 04-10-00488-CR
IN RE John Gerald MASS
Original Mandamus Proceeding1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 14, 2010
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On June 30, 2010, relator John Gerald Mass filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on his motion for an out-of-time appeal. However,
only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction
relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d
241, 243 (Tex. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ
of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).
1
… This proceeding arises out of Cause No. 2001-CR-4941, styled State of Texas v. John G. Mass, in the 227th
Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.
04-10-00488-CR
Accordingly, relator’s petition is DISMISSED FOR LACK OF JURISDICTION.
PER CURIAM
DO NOT PUBLISH
-2-